For the average person, most legal documents can feel like they’re reading something in a foreign language. Your HOA bylaws shouldn’t make residents feel this way.
Clear, well-written bylaws help prevent misunderstandings and create harmony in your community. Below are common bylaw mistakes that can cause confusion and how you can fix them.
Using vague or unclear language
Words like “appropriate” or “regular basis” leave room for different interpretations. Instead, use specific terms and measurable standards. For example:
- Maintain lawn regularly: Replace with “Mow lawn when grass exceeds 4 inches in height.”
- Timely manner: Replace with “Within 14 calendar days of written notice.”
- Appropriate fencing: Replace with “Fencing must be wooden, no taller than 6 feet, and painted in approved colors.”
Specific descriptions let your HOA create clear standards everyone can understand—making rules easier to enforce.
Missing critical definitions
Don’t assume everyone shares the same understanding of terms. Define keywords and phrases clearly within your bylaws. For example, specify what counts as a “structure” or “improvement” when discussing architectural controls. It also helps to include examples where helpful to illustrate meanings.
Outdated provisions that no longer apply
Technology changes, community needs evolve and state laws get updated. Make sure to review your bylaws each year to remove or update obsolete rules. If your bylaws still reference fax machines or ban satellite dishes, it’s past time for an update.
Unclear enforcement procedures
Spell out exactly how the HOA handles violations. Include specific steps, timeframes and consequences whenever you can. This helps you create a clear path from initial warning to final enforcement, ensuring fair treatment for all homeowners.
Rigid amendment processes
Make sure your amendment procedures allow for necessary changes while maintaining stability. Balance the need for updates against protecting homeowner rights. Additionally, consider requiring both board approval and community input for major changes.
Creating clarity for your community
Well-written bylaws form the foundation of a strong HOA community. It helps you avoid miscommunication and misinterpretations—both willful and accidental.
Remember, HOA bylaws are still technically contracts between your organization and the homeowners in your community. While your bylaws should be easy to understand, they should also be enforceable. Working with qualified legal counsel helps ensure your bylaws remain clear, current and legally sound.